Table of Contents
- SCOPE AND INTENT
- LIMITED LICENSE
- YOUR ACCOUNT
- USERNAME AND PASSWORDS
- APP LICENSE
- THIRD PARTY SITES/SERVICES
- FORUMS & SUBMISSIONS
- SOCIAL MEDIA
- RIGHT TO MODIFY
- CLAIMS OF COPYRIGHT INFRINGEMENT
- USE & ACCESS
- JURISDICTIONAL ISSUES
- USER IDEAS
- TERM AND TERMINATION
- LIMITATION OF LIABILITY
- CHOICE OF LAW/VENUE
- CONTACT US
- The use of any and all websites (such as https://www.humantelligence.com), mobile application (“Apps”), any and all HT URLs, and/or any related services, sales, marketing or events (each, a “Site,” collectively, with the Apps, the “Sites”) owned or operated by Humantelligence Inc. and/or one of its parents, subsidiaries, or affiliated companies (collectively, the “Company,” “HT” or “we” or “us”).
- The HT services and content provided on or through the Sites and/or accessible through various desktop and mobile web browsers, the Sites (including, but not limited to, the Apps), locally installed mobile web applications, and various API services and other content and services that HT may offer from time to time (all of the foregoing including the Sites are collectively referred to as the “Services”).
Your right to use the Services is subject to your compliance with all of the terms and conditions set forth herein. HT reserves the right to, and will not be liable to any user or third party, for doing the following:
- Changing the Services, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, functionality, promotion, data on or feature of the Services or the hours that the Services are available.
- Changing any fees or charges in connection with the use of the Services.
1. SCOPE AND INTENT
- Master Subscription Agreement located at https://www.humantelligence.com/master-subscription/
The information and materials provided on or through the Services, including without limitation, any other data, text, pictures, graphics, audio, video, icons, scans, results, software, and updates for use on or through the Services, links, and other content, features and services available on or through the Services (collectively, “Materials”), excluding Submissions (defined below), are intended to educate and inform you about us and our business and provide you with access to the Services. THE MATERIALS ARE PROVIDED “AS IS” AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK.
4. LIMITED LICENSE
You acknowledge that the Services and the Materials are protected by and/or embody copyrights, trademarks, patents, trade secrets and/or other proprietary rights (“Intellectual Property”) owned by HT, and/or its licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto, and that these rights are valid and protected in all media existing now or later developed and under United States and foreign laws. The Services and the Materials (and any Intellectual Property and other rights relating thereto) are and will remain the property of HT. The trademarks, trade names, trade dress, logos, and service marks displayed on the Services, including the HT marks, logos and trade dress are the registered and/or unregistered trademarks of HT, HT’s licensors, clients and vendors and/or other third parties. Nothing contained on the Services or the Materials should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the HT marks, logos or trade dress without the express written permission of HT or the third party owner of any such mark, logo or trade dress. Misuse of any mark, logo or trade dress is prohibited. You acknowledge that you do not acquire any ownership rights in or to any of HT’s or its licensor’s Intellectual Property by virtue of your access or use of the Services.
HT’s Intellectually Property may not be used by you for any purpose without HT’s prior express written permission, unless permissible by law. Notwithstanding the foregoing, HT’s Intellectual Property may not be used in connection with any product or service that is not HT’s, in any manner that is likely to cause confusion among consumers, for a competitor of HT, or in any manner that discloses confidential information of or disparages HT. Except as explicitly set forth herein, nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any HT Intellectual Property.
All Services and Materials are Copyright © 2014 Humantelligence, Inc., unless specified otherwise. ALL RIGHTS RESERVED.
6. YOUR ACCOUNT
In order to access certain areas of or participate in certain activities contained on the Services, we may require you to create an account (“Account”). You acknowledge and agree that you have no ownership or other proprietary interest in the Account. To create an Account, we may ask or require you to provide us with certain personal information (e.g., your full name and e-mail address).
Providing us with your personal information is your choice. Each time you decide to provide us with your personal information, you agree to: (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your current e-mail address), and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your access to and use of the Services (or any portion thereof) or your participation in any activity contained on or available through the Services.
In order to access certain areas of, or participate in certain activities contained on the Services, we may require you to select a username and/or password. Your username is subject to certain terms and Standards, as set forth in Sections 7 and 8 below. You agree that HT has the right in its sole discretion to suspend or terminate your Account, your username, or refuse any and all current or future use of the Services (or any portion thereof).
7. USERNAME AND PASSWORDS
HT may refuse to grant you a username in its sole discretion for any reason, including if it impersonates someone else or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username and HT reserves the right to revoke and/or reassign any username in its sole discretion. You understand and agree that HT reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in HT’s sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF THE SERVICES) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU.
You agree not to transfer or resell your or otherwise convey your Account or the right to use your Account or any rights therein to anyone. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password, and (ii) immediately notify us of the problem by e-mailing us at firstname.lastname@example.org (with the subject line: “Username Password Security Issues”).
You may not use anyone else’s Account at any time and you may not allow anyone else to use your Account at any time. You agree that HT will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge, and you further agree that you will be liable for losses incurred by HT or another party due to someone else using your Account . Because of this, HT strongly recommends that you exit from your Account at the end of each session.
While using any of the Services and/or Materials, including on or in any Submissions (as defined below) or postings, you agree to follow our standards set forth below (the “Standards”), and you agree not to:
- Create a false identity or impersonate any person, including without limitation, identities falsely indicating that you are an HT official or representative, another user other than yourself, or that you are a celebrity or public figure unless you in fact are one;
- Create any posts, username, or subject lines containing profanity, sexually graphic or offensive language, including any uses of characters such as \@#$% to replace letters;
- Send, post, transmit or make available any content or message that is false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, inciteful, racist or otherwise objectionable, including any topics that may be harmful to or threaten the security of a child or minor;
- Engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive, inciteful, or otherwise objectionable behavior; all such behavior may be reported to the authorities;
- Suggest, illicit or encourage any illegal activity;
- Submit content, materials or Submissions that are subject to the Intellectual Property of a third party, or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner to do so and to grant HT all of the license rights necessary to transmit or maintain such content, material, or Submissions;
- Send, post, transmit or make available any: any material non-public information about any person or HT without the express authorization to do so;
- Send, post, transmit or otherwise make available any advertisements, solicitations, chain letters, pyramid schemes, junk mail, SPAM, investment opportunities or other unsolicited or unauthorized commercial or promotional content, materials, SPAM or communication (except as otherwise expressly permitted herein or in writing by HT);
- Institute an attack upon any server used in connection with the Services or any portion thereof or otherwise attempt to disrupt such servers;
- Send, post, transmit or otherwise make available any material or Submissions regarding hacking, cracking, exploiting, or otherwise making improper use of the Services;
- Attempt to or actually restrict or inhibit any other user from using and enjoying the Services, including without limitation, by disrupting the flow of team communications with vulgar or obscene language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all capital letters) in an attempt to disturb other users, bullying, griefing, “spamming,” or “flooding” (continuous posting repetitive text);
- Use any robot (bot), spider, scraper or other unauthorized or automated means to modify, use or access the Services, or any portion thereof;
- Send, post or transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of an intentionally destructive nature;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Services or the Materials;
- “Frame” or “mirror” any part of the Services without HT’s prior written authorization;
- Attempt to obtain passwords, other Account information, or any other private information from any other user of the Services, including without limitation, the collection personal information about others, such as email addresses or geo-locations;
- Harvest or collect any information about users of the Services;
- Buy, sell or trade any user Account;
- Access another user’s Account without permission;
- Share your password for your Account with anyone;
- Use the Services in any manner that violates any applicable laws or regulations or is prohibited by these Terms; and/or
- Assist or permit any persons in engaging in any of the activities described in this listing of our Standards.
8. APP LICENSE
Apple and Android Devices
9. THIRD PARTY SITES/SERVICES
The Services may include links to other websites or services solely as a convenience to you (collectively, the “Linked Sites”). The inclusion of any Linked Site does not imply endorsement by HT of any third party, third party websites or any association with the operators of such Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of service/use posted at any third party or Linked Sites. The information, products, materials and services on Linked Sites is not under the control of HT and HT does not provide or endorse any such Linked Sites or the information, products, materials or services contained on or available or accessible on or through any Linked Sites. Access and use of any Linked Sites, including the information, products, materials and services on any Linked Sites or available through any Linked Sites, is solely at your own risk, and you acknowledge and agree that HT is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Site. Any dealings with third parties, such as advertisers, included within the Services or participation in Promotions (defined below) involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. HT is neither responsible nor liable for any part of such dealings with any third parties, including any Promotions.
10. FORUMS & SUBMISSIONS
The Services may include features such as messaging, blogs and/or other forums or areas where you and others can post or transmit information onto or through the Services (collectively, the “Forums”), and HT may redistribute content you send/upload/post to the Services. By sending, posting or transmitting to HT, including photos, graphics, creative suggestions, ideas or User Ideas (defined herein), notes, concepts, information, ratings or other materials (collectively, “Submissions”) or by posting such Submissions to any area of the Services (including without limitation, as content for your Account), you grant HT and our designees and users a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. Information and Submissions contained on our Forums may be provided by persons not affiliated with us. You agree not to transmit any Submission to or through the Services, or to HT that you consider to be confidential or proprietary, and any and all Submissions shall be deemed non-confidential. You are responsible and liable for any and all of your Submissions.
You acknowledge and agree that your communications with other users via the Forums are public and not private communications, and that you have no expectation of privacy concerning your use of the Forums. You acknowledge that personal information that you communicate via the Forums may be seen and used by others and result in unsolicited communications; therefore, HT strongly encourages you not to disclose any personal information about yourself in your communications via the Forums. HT is not responsible for information that you choose to communicate to other users via the Forums or Submission.
You acknowledge that people participating in our Forums occasionally post Submissions or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal, hurtful or deceptive. We neither endorse nor are responsible for such Submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Services or in any Forums by third persons or parties. The opinions expressed in the Forums reflect solely the opinion(s) of the participants of the Forums and do not necessarily reflect the opinion(s) of HT.
11. SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
12. RIGHT TO MODIFY
HT reserves the right, at any time, to modify, suspend, or discontinue the Services and/or the Materials, and/or any part or parts thereof with or without notice. You agree that HT will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
You acknowledge and agree that you (and not HT) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use any service provided by HT, including without limitation, the Services, and paying all charges related thereto, if any. You also acknowledge that you are responsible for obtaining and maintaining your access to any website through which you access the Services.
You acknowledge that HT has the right at all times to disclose any information as HT deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
14. CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
Our Designated Copyright Agent may be contacted here:
Attn: Copyright Agent
1521 Alton Road Suite 109
Miami Beach, FL 33139
15. USE & ACCESS
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
17. JURISDICTIONAL ISSUES
Regardless of the language used thereon, access to and use of the Services from any jurisdiction where the content, products or services is illegal is strictly prohibited. HT makes no representation that Services or the Materials are appropriate or available for use in any jurisdictions outside the United States and those who choose to access or use any of the Services or the Materials from such other jurisdictions do so on their own initiative and at their own risk, and are responsible for compliance with local laws, rules or regulations, including, without limitation, rules about the internet, data, e-mail, or privacy. HT reserves the right to limit the availability and quantity, if applicable, of the Services, the Materials, any Promotion, or any other product or service provided by HT, to any person, geographic area or jurisdiction, at any time and in our sole discretion.
18. USER IDEAS
HT does not accept or consider unsolicited ideas, including ideas for new promotions, products, applications, technologies, processes or other ideas or inventions (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Services or to HT that you consider to be confidential or proprietary. You agree that any and all User Ideas are non-confidential and non-proprietary and will and need not be treated as such. You are responsible and liable for any User Ideas. You agree that by submitting User Ideas to HT, including any concepts, know-how or ideas, you hereby transfer all rights in such User Ideas to HT (and its successor’s), without payment or accounting to you or others. HT is not obligated to review, evaluate, publish, or use any User Idea.
19. TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
THE SERVICES AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OBTAINED ON OR AVAILABLE THROUGH THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HT AND ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. HT AND ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SERVICES, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE MATERIALS (OR ANY PART THEREOF), THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY PRODUCTS OR SERVICES AVAILABLE ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF HT OR ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SERVICES, IN THE MATERIALS, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES, ARE ENTIRELY AT YOUR OWN RISK.
22. LIMITATION OF LIABILITY
25. CHOICE OF LAW/VENUE
27. CONTACT US
If you are a resident in the European Economic Area, the “data controller” of your personal information HT has appointed a representative in the EEA. You can contact them directly regarding the processing of your information by HT via email at email@example.com or by post to:
Att: Data Controller
25 Post Office Lane
Ulceby, UK DN39 6YT
If you have any further questions or comments about us or our policies, email us at firstname.lastname@example.org or by post to:
Att: Legal Department
1521 Alton Road
Miami Beach, FL 33139
Phone: 1 (800) 256-7918